(a) A district may request reconsideration of a decision of the department assigning a priority to the district’s project, establishing the scope of the project, or establishing the budget for the project. The request must be in writing and must include a statement of the specific changes desired, and a summary of the evidence supporting the district’s claim that the department has erred in its review of the district’s grant application. A request for reconsideration must be received by the department by the day of the public hearing held under Alaska Stat. § 14.11.013(e). The department shall review its decision on the basis of the request by the district and determine whether its decision should be changed. The department shall issue its determination in writing within 15 days after the last day of the public hearing held under Alaska Stat. § 14.11.013(e).
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Terms Used In Alaska Statutes 14.11.016

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • board: means the state Board of Education and Early Development. See Alaska Statutes 14.60.010
  • commissioner: means the commissioner of education and early development. See Alaska Statutes 14.60.010
  • department: means the Department of Education and Early Development. See Alaska Statutes 14.60.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • writing: includes printing. See Alaska Statutes 01.10.060
(b) A district may appeal an adverse decision of the department under (a) of this section by filing a written notice of appeal with the commissioner within 15 days after the date of the department’s decision. The notice of appeal must state the legal and factual basis for the appeal and the precise relief sought. The failure of the district to include an issue in a notice of appeal constitutes a waiver of the right to have the issue considered. Not later than 10 days after receipt by the commissioner of a notice of appeal, the chief administrative law judge of the office of administrative hearings (Alaska Stat. § 44.64.010) shall appoint an administrative law judge who is qualified under Alaska Stat. § 44.62.350(c) to serve as hearing officer and consider the appeal. If the hearing officer finds that the notice of appeal does not raise a reasonable issue of fact or law, the hearing officer shall issue a written decision denying the appeal. Denial of an appeal by hearing officer is a final decision that may be appealed under (d) of this section. If the hearing officer finds that the notice of appeal raises a reasonable issue of fact or law, the hearing officer shall conduct a hearing on those issues and recommend a decision to the board. The hearing officer shall issue a decision on the appeal not later than 60 days after being appointed. The board shall consider the recommended decision of the hearing officer at its next regularly scheduled meeting and may adopt all, part, or none of the recommended decision or may remand the issue to the hearing officer for further hearings. The board shall issue its decision in writing within 10 days after consideration of the hearing officer’s decision.
(c) The hearing officer may consolidate appeals under (b) of this section, if the notices of appeal raise related issues of fact or law.
(d) A district may appeal an adverse decision of a hearing officer or the board under (b) of this section to the superior court in the manner provided by Alaska Stat. § 44.62.560 – 44.62.570.
(e) The board shall adopt regulations governing procedures for the reconsideration and appeal of decisions under this section. The regulations adopted under this subsection are not required to conform to Alaska Stat. § 44.62.330 – 44.62.630, but shall be consistent with minimum standards of due process.
(f) A district may not request reconsideration of or appeal a priority determination on the grounds that a revised priority assigned to another project, due to a reconsideration or appeal under this section, has resulted in a lower priority being accorded to the district’s project.
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